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03-0304_JANET MATSON CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of NAA -V- tti 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Janet Matson Consulting, (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to assess citywide needs for electronic document management, develop policies and procedures for citywide electronic document management and purchase equipment to electronically manage documents; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later July 1, 2003. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twelve Thousand Dollars ($12.200) as set forth in Exhibit attached and incorporated herein by reference. 1 ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate of $75.00/hour. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 ATTACHMENT 1 0 9 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 ATTACHMENT 0 9 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Admin Services 4 ATTACHMENT • To Consultant: Janet Matson Consulting 3710 Sunset Knolls Drive Thousand Oaks, CA 91362 Attention: Janet Matson Section 16. Attorneys' Fees. 9 If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Jarret R. Monahan, City Clerk APPROVED AS TO FORM By: 444mi— Johh1dw, City Attorney 5 CONSULTANT BY: ted w - J et Matson Consulting ATTACHMENT SUMMARY SHEET Firm Name: Janet Matson Consulting Firm Parent or Ownership: Janet Matson — Sole Owner Firm Address: 3710 Sunset Knolls Drive, Thousand Oaks, CA 91362 Firm Telephone No. (909) 833-6862 Firm Fax No. (805) 523-8627 Management person responsible for direct contact with the City of San Juan Capistrano and services required for this Request for Qualification (FRP): Name: Janet Matson Title: Owner Telephone Number: (909) 83306862 E -Mail: lanetmatson a(- earthlink.net Person responsible for day-to-day servicing of the account: Name: SAME AS ABOVE Title: Telephone Number: E -Mail: EXHIBIT "A" Janet Matson Consulting Electronic Document Management Proposal City of San Juan Capistrano February 18, 2003 TABLE OF CONTENTS A. Firm Organization................................................................ I B. Phase One Detail.................................................................. 2 C. Phase Two Detail.................................................................. 3 D. Phase Three Detail............................................................... 4 E. Cost.......................................................................................4 Janet Matson Consulting • • Electronic Document Management Plan A. FIRM ORGANIZATION Janet Matson Consulting is a local firm with headquarters in Thousand Oaks, California, serving clients in Riverside, Orange, and Los Angeles Counties. The Thousand Oaks office is the only location; there are no branch offices. Janet Matson is the sole owner of Janet Matson Consulting, which is a sole proprietorship. Janet Matson provides records management consulting services including: • Records assessment • Records management program development • Filing system evaluation • Staff training • Retention schedule development • Storage space and equipment evaluation • Evaluating and recommending technology solutions including microfilm and imaging systems • Development of records policies and procedures Janet Matson is a Certified Records Manager with 17 years' experience managing records for public agencies. Past records management consulting projects include records management program development and implementation for Tri -Cities Municipal Water District, Hemet Municipal Water District, Laguna Beach County Water District, Chino Basin Watermaster, and Rincon Del Diablo Municipal Water District. Recent projects include electronic document imaging consulting services for Riverside County Local Agency Formation Commission and Elsinore Valley Municipal Water District. Current projects include the development of an Administrative Code for Laguna Beach County Water District and the implementation of an inactive records management program for Central/West Basin Municipal Water District. Janet Matson is currently a member of the Association of Records Managers and Administrators (ARMA) and a member of Institute of Certified Records Managers (ICRM). Since Janet Matson is the sole owner of Janet Matson Consulting with no employees, there are no other persons authorized to make representations for the firm. Janet Matson would be the only person who would be working directly with City staff on this project. Janet Matson Consulting • • Electronic Document Management Plan B. Phase One Detail Statement of Work Development of a citywide Electronic Document Management Plan (EDMP). Procedures Step 1 — Gather data through interviews with City's Records Assistants, City Clerk staff members, and City IT staff, and physical inspection of departmental records. A streamlined approach is to go from department to department and evaluate what paper comes in, how it comes in, where it is stored, how frequently it needs to be retrieved and for how long must it be retained. It could take up to four hours in each of the City's six departments to adequately interview key personnel and inspect records resulting in the following: • Gather information on the current volume, type, retention requirements and reference activity of records for each department • Determine user requirements and identify problems and concerns • Gain consensus among departments regarding the objectives of an imaging system and identify specific organizational and user benefits • Establish organizational requirements relative to retention and legal considerations • Review existing systems including uses, processes, hardware and software, and integration capability with other systems Interviews with staff in each department will be conducted keeping in mind the importance of consensus among the departments. Ideally, users need to recognize how an imaging system will improve efficiencies and provide solutions to existing problems. The series of interviews and records inspections should be done within the first week and completed by March 14. Step 2 — Develop citywide EDMP based on information gathered in Step 1 that includes the following: • Overview of records, by department • Description of each department's needs, goals and security issues Janet Matson Consulting . Electronic Document Management Plan • Identification of document types for imaging • Identification of indexing fields for each document type required for retrieval • Description of existing technology and systems integration capabilities • Review of existing imaged documents and analyze integration capabilities • Description of technology and systems requirements Completion date for the EDMP is expected to be March 21. C. Phase Two Detail Statement of Work Prepare Request for Proposals and Assist with Bidding for Electronic Document Management and Equipment. Procedures Data gathered in Step 1 will provide the basis for the Request for Proposals. Consultant will prepare a request for proposal and working with designated City staff will make any changes or revisions required. Consultant will assist in developing a bidder's list, be available to answer bidder inquiries during the process. Consultant will be present during the opening of the bids, and assist in evaluating bids based on the following criteria: • Software - functionality, indexing capabilities, flexibility, future viability, etc. • Ease of use - amount of training required, user manual • Hardware - memory requirements, operating system, networking ability, security, etc. • Maintenance support - on-site, toll-free dial in, turn around time, etc. • Costs - purchase price, start-up costs, training, maintenance, hidden costs • Vendor information - reputation, background, references A draft RFP will be prepared and presented to City staff for review by March 28. After review by City staff and any revisions, the RFP will be ready for issue by April 3. Janet Matson Consulting 0 • Electronic Document Management Plan D. Phase Three Detail Statement of Work Develop policies and procedures for citywide electronic document management and specifications for contractor services for electronic document management. Procedures Development of policies and procedures for citywide electronic document management plan to include: • Statement of the Purpose and Goals of the EDMP • Overview of the Plan • Assignment of specific tasks and responsibilities — staff • Assignment of specific tasks and responsibilities — contractor services • Lists of document types, index requirements, security requirements • Description of scanning and indexing process • Description of backfile conversion process and goals, if applicable Policies and Procedures for implementing the EDMP will be complete by June 13, 2003. Consultant will provide a training session with City staff upon completion of installation of equipment. Pilot Program It may be desirable to consider a pilot program within one department, which would take place immediately after installation. Training and implementation in one department for a period of time will help to identify strengths and weaknesses of the program and allow for adjustments and refinements to be made before training and implementation in the other five departments. E. Cost Total cost for Phase I, II and III - $12,200.00 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Meg Monahan, City Clerk FROM: Maria Guevara, Secretary DATE: June 20, 2003 SITUATION: At their meeting on March 4, 2003 the City Council of the City of San Juan Capistrano approved an agreement with Janet Matson Consulting to provide citywide electronic document management and purchase equipment to electronically manage documents. ACTION REQUESTED: Said Agreement states services shall be completed by July 1, 2003. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Tickler Date: 06/20/03 Deadline Date: 07/01/03 cc: Department Head (600.30/Janet matson) ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** sir 4. CHANGE ORDER NO. 1, IN THE AMOUNT OF $1,314.00, AND CHANGE ORDER NO. 2, IN THE AMOUNT OF $3,644.44 APPROVED; RESOLUTION NO. 03-03-04- 01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORKTO BE COMPLETEDAS TO PLANS AND SPECIFICATIONS FOR THE HISTORIC TOWN CENTER PARK RESTROOMS (FRIESS COMPANY BUILDERS, INC.);" THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF COMPLETION; AND, STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $15,364.39, 35 DAYS AFTER RECORDATION. (600.30) LICENSE AGREEMENT APPROVED WITH SAN JUAN CAPISTRANO LITTLE LEAGUE FOR USE OF CONCESSION STAND AT THE SAN JUAN CAPISTRANO SPORT PARK FOR THE PERIOD OF MARCH 4, 2003, THROUGH AUGUST 15, 2003. (600.30) 6. LICENSE AGREEMENT APPROVED WITH CAPISTRANO GIRLS SOFTBALL FOR USE OF CONCESSION STAND AT COOK PARK CORDOVA FOR THE PERIOD OF MARCH 4, 2003, THROUGH AUGUST 2, 2003. (600.30) 7. CASH FUND BALANCES BY FUND -JANUARY 31, 2003, RECEIVED AND FILED. (330.50) 8. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2003, RECEIVED AND FILED. (350.50) _ 9. EXTENSION APPROVED TO THE CITY STREET SWEEPING SERVICES AGREEMENT WITH CALIFORNIA STREET MAINTENANCE FOR A PERIOD OF ONE-YEAR COMMENCING MAY 1, 2003 AND ENDING APRIL 30, 2004, IN THE AMOUNT OF $87,000. (600.30) �0. PERSONAL SERVICES AGREEMENT APPROVED WITH JANET MATSON TO PROVIDE ELECTRONIC DOCUMENT MANAGEMENT SERVICES IN THE AMOUNT OF $12,200. (600.30) PUBLIC HEARINGS: - None /, RECESS AND RECONVENE Council recessed at 7:27 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:39 p.m. City Council Minutes 4 3-4-03 C SUPPLEMENTARY REPORT: AGENDA ITEM TO: George Scarborough, City Manager FROM: Meg Monahan, City Clerk i 3/4/2003 D10 SUBJECT: Consideration of Personal Services Agreement for Electronic Document Management Services (Janet Matson) RECOMMENDATION (REVISED) By motion, approve the Personal Services Agreement with Janet Matson in the amount of $12,200 to provide electronic document management services. SITUATION First, the original agenda report concerning this item included a typographical error related to the amount of the Personal Services Agreement with Janet Matson Consulting. The original amount of the proposal received from Janet Matson is for $12,200. This is the amount that should be approved. Second, the attached letter was received today from Gladwell Governmental Services Inc regarding the staff recommendation on this item. In response to the letter, staff adds the following comments: The letter refers to comparison of the services required in the Request for Proposals (RFP). The agenda report comparison included a comparison of services beyond the original request in the RFP. Since the proposal received from Janet Matson Consulting included analysis of proposals received from companies to supply document imaging equipment for $12,200, these services were also proposed as "Optional' by Gladwell Governmental Services Inc (GGS). Receiving these services from GGS required addition of $3,800 to the base bid of $17,000, for a total of $20,800. Prior to staff issuing the RFP to potential responders, the City Attorney waived the agreement requirement for professional liability insurance due to the nature of the work. A copy of the final agreement, that does not include a requirement for professional liability insurance, was part of the RFP sent to all bidders. Therefore, though GGS carries $1,000,000 professional liability, it was not a requirement for this project. The references provided by Janet Matson Consulting were thoroughly researched prior to staff recommending approval of the agreement. Since the proposed fees by Janet FOR CITY COUNCIL AGE A.... x l?q,&r 0104p«3�3��3 �.LC Page 2 • Supplemental Report March 4, 2003 Matson Consulting were notably lower than fees from other firms, staff inquired into this aspect with references. The references indicated that fees charged by Janet Matson Consulting were significantly lower than fees proposed by other consultants for the same work and they had had similar concerns about low rates. Their experience was that Janet Matson Consulting was thorough, responsive and greatly exceeded expectations. They were very appreciative of the quality and felt that this firm was a very good value. Janet Matson is a Certified Records Manager with 17 years experience. Though most of the firm's consulting practice has involved municipal water districts, staff feels that her experience is appropriate to provide the professional expertise needed for this project. As a city that provides a municipal water district function, it is our experience that there is very little, if any difference in management of records. After thoroughly reviewing the five proposals submitted, it is apparent that the firm Janet Matson Consulting can offer professional services at a lower rate due to the fact that it is a home-based, one-person office. The hourly rate quoted by the firm is significantly lower ($75) than other firms that ranged from $150 to $220 for certified records managers, accompanied by lower rates for support staff. As a one-person office, Janet Matson Consulting has a competitive advantage compared with offices with overhead costs associated with employees and office space rental. Staff is comfortable that Janet Matson Consulting is a good fit for this project. She is very knowledgeable about records management, has an excellent track record, and the ability to provide the work at very competitive rates. Respectfully /submitted, v l� Meg ona an, CMC City Attachment: 1. Correspondence (03-03-2003) from Gladwell Governmental Services Inc. FROM : Gladwell PHONE N0. : 909 3373526 c,� ovE� F -N610 �tr.at 5E1?k1FIGE"c,. INC. Rm<Oro� Momapmnw.rt.; C,m,nOo a �oom�olnPlan. alect�mna b,ReenpMtltl�^o March 3, 2003 The Honorable City Council Meg Monahan, City Clerk San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE- March 4`" Council Meeting, Agenda Item #10 (Consideration of Personal Services Agreement Services) • MOR. 03 2003 12:47PM P2 RECEIVED MI MAR -3 P I: 28 SAN JUAN CAPISTRANO for Electronic Document Management Consulting Dear Honorable Council Members and City Clerk: I want to support City Clerk Meg Monahan in recommending the lowest bid to the Council for award in Item #10, Flectronic Document Management Consulting Services. However (you knew that was coming), I urge you to reconsider the preliminary award to Janet Matson based upon the following, 1. Gladwell Governmental Services, Inc. (GGS) bid, based upon a comparison of the services required in the RFP, is actually $17,000, not $20,800. Based upon our many years of experience. GGS proposed additional optional services, Including facilitating the demonstrations, assisting the City in their selection of the vendor, and contract negotiation, which was not required by the RFP (see page 6 of our proposal). 2. GGS is a California Corporation and carries $1,000,000 in professional liability, errors and omissions and general liability insurance policies. Operating as a corporation and providing these policies is more expensive, and therefore increases our overhead, but it provides the standard levels of protection required by California cities. 3. GGS has assisted over 20 California cities implement Electronic Document Management Systems (EDMS). It appears that Janet Matson has assisted no cities in their acquisition or implementation of an EDMS, rather, Janet lists two other types of entities (Riverside County LAFCO and a Water District) as her experience in this area. 4. In addition to assisting over 50 cities with records management and/or EDMS projects, I have served as City Clerk in two different California cities. My expertise is with city government rather than water districts. In summary, GGS's proposal at $17,000 is the lowest rgsponsible bidder for this project. We bring "Best Practices" from EDMS implementations in over 20 cities in California to ensure San Juan Capistrano implements the most efficient system possible. You can award this project to GGS with confidence; it is common practice for cities to use discretion in awarding these types of technology contracts, and they typically do not go to the lowest bidder, but to the company that the city determines will provide the best value. P.O_ Box 62,1028 Tirol Lane, Lake Arrowhead, CA 92352-0062 Voice' (909) 337-3516 m Fax- (909) 337-3525 m E-mail: gladwa114Qaol-cora ATTACHMENT FROM Gladwell PHONE NO. : 909 3373526 MAR. 03 2003 12:48PM P3 The Honorable City Council and City Clerk March 1, 2003 RE: March 4h Agenda Item #10 Page 2 I apologize for not being present at your Council meeting, but I am conducting the semi-final official canvass for the City of Manhattan Beach election on the evening of March 4"', which requires me to be present there. I respectfully ask that you award the Agreement for Electronic Document Management Consulting Services to Gladwell Governmental Services, Inc. Sincerely, lane R- Gladwell, CMC President Gladwell Governmental Services, Inc. P.O. Box 62, 1028 Tirol Lane, Lake Arrowhead, CA 92352-0062 Voice' (909) 337-3516 • Fax (909) 337.3526 • E-mail: gladwelkaaorcom 31412003 AGENDA ITEM p 10 TO: George Scarborough, City Manager FROM: Meg Monahan, City Clerk SUBJECT: Consideration of Personal Services Agreement for Electronic Document Management Services (Janet Matson) RECOMMENDATION By motion, approve the Personal Services Agreement with Janet Matson in the amount of $12,000 to provide electronic document management services. SITUATION Background: The City has certain legal responsibilities with respect to producing, retaining, managing and providing access to public records. For the most part, these responsibilities have been accomplished through management of traditional paper records, with some exceptions. The Planning and Engineering and Building Departments have independently completed conversion of some paper documents into electronic format. Managing records in digital format offers many advantages over managing "paper records." Accessibility and, over time, very significant reductions in costs related to records storage are among the greatest advantages. The City maintains records based on an adopted Records Retention Schedule that takes into account laws related to retention of records, as well as usefulness of records in conducting the city's business. Records are stored both on-site and off-site to accommodate all of the records that must be retained. Fees are charged each time the city accesses a record stored off- site. In addition to fees, the period to access the records is approximately two to three days. The current annual budget for off-site storage is $8,500, a cost that continues to rise annually, based on the creation of new records and on inflationary increases in storage costs. If the city's records were stored digitally, methods have advanced to the point that all of the city's records could fit on one DVD disk. In addition to this dramatic saving of storage space, records maintained digitally are immediately accessible. Records would be stored both on the city's intranet server, making them immediately available citywide to staff, and on CD-ROM or DVD disks, to maintain additional sets, if needed. Though off-site storage of certain paper records will likely be needed well into the future, converting newly created records into digital format storage would greatly decrease the FOR CITY COUNCIL AGENDA �� Page 2 • • March 4, 2003 need for additional off-site storage, as well as the costs related to storage of newly created records. Over time, as records are destroyed according to the records retention schedule, less and less off-site storage would be needed, and would eventually be phased out. Staff could also realize much greater efficiency in managing records as well as using records to facilitate management functions. Finding and reviewing digital records is much easier than paper records. Records, whether they are paper or digital, need to be maintained according to adopted Records Retention Policies. This can become problematic with the proliferation of digital records, especially in light of our ability to create digital records through the use of digital copy machines and e-mail. It is important that the City establish a method to insure that digital records are maintained on the same retention schedule as traditional paper records. Policies related to reproducing and storing digital records are also imperative to the City's ability to respond to requests for public records. Digital records can be managed on a personal computer, while paper records require each record to be physically accessed, removed from a file and reviewed in -hand. A tremendous time saving would be achieved through digital storage, in addition to a greatly reduced risk of 'losing" or misfiling records. A digital records program provides the benefit of establishing standard citywide specifications and procedures to storing and accessing records in digital formats. Since the Planning and Engineering and Building Departments have implemented independent approaches to converting records into digital files, this program would take these completed approaches into account and bring these records into a standard format, allowing citywide access to the records. It would also establish methods to be used both in-house and for future contracts to convert existing records. A uniform approach ensures that records remain accessible and legally admissible. Digital records also have unique characteristics that demand storage and reproduction into specific formats so that document integrity is preserved. These characteristics, combined with the vast array of products and methods available to manage digital records, necessitates seeking professional electronic document management expertise to assist staff in identifying the city's needs, establishing citywide uniform standards for managing electronic documents, and specifying and purchasing equipment for in-house conversion and retention of documents. To address these needs and concerns, the City Council approved a program with adoption of the Fiscal Year 2002-2003 budget to seek out the services for professional electronic document management advice to assist staff in developing an electronic document management program. Outside professional expertise is especially needed in undertaking this program due to the vast array of equipment and technologies available. A professional records manager will assess citywide needs for digital records management and compare those needs with available technologies. Expertise is needed to prepare citywide specifications and procedures for digital records management to ensure that both in-house and contracted services produce digital , Page 3 • • March 4, 2003 records that are universally accessible and legally admissible. Assistance is also needed in purchasing in-house equipment that meets our needs, is user-friendly, includes industry standard technologies combined and is backed by reputable, low service requirements. To implement this program, Staff issued a Request for Proposals (RFP) for electronic document management services on January 31, 2003. Five responses were received to the RFP, as noted below: Janet Matson Consulting Gladwell Governmental Services, Inc. @ doc, LLC CYNREDE Hyder & Associates $ 12,000 $ 20,800 $ 21,300 $ 22,550 $ 40,800 After thoroughly reviewing the proposals, services to be provided, fees and anticipated value offered, staff recommends as follows: Recommendation: Staff has reviewed the proposals in detail and recommends that the City Council approve a Personal Services Agreement with Janet Matson for $12,000 to provide these services. This firm offers the needed expertise, an understanding of the time constraints associated with this project, has a familiarity with the city, excellent references and has offered services at a very competitive price. COMMISSION/BOARD REVIEW, RECOMMENDATION None FINANCIAL CONSIDERATIONS The City budgeted $21,000 for the services of providing expertise in electronic document management. It is expected that staff will return to the City Council in approximately two months to purchase that equipment, for approximately $15,000, an expense that was included in the Fiscal Year 2002-2003 approved budget. NOTIFICATION Janet Matson; Gladwell Governmental Services, Inc.; @ doc, LLC; CYNREDE; and Hyder & Associates , Page 4 • ALTERNATE ACTION • March 4, 2003 1. By motion, approve the Personal Services Agreement with Janet Matson Consulting in the amount of $12,000 to provide electronic document management services. 2. Do not approve the Personal Services Agreement with Janet Matson Consulting. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the Personal Services Agreement with Janet Matson Consulting in the amount of $12,000 to provide electronic document management services. Respectfully submitted, onahon, City Clerk 1. Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Janet Matson Consulting, (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to assess citywide needs for electronic document management, develop policies and procedures for citywide electronic document management and purchase equipment to electronically manage documents; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "k' attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later July 1, 2003. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twelve Thousand Dollars ($12.000) as set forth in Exhibit "A," attached and incorporated herein by reference. ATTACHMENT 0 9 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate of $75.00/hour. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. ATTACHMENT Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. r_11aIr_TyaITA lai.ral i • Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Admin Services ATTACHMENT To Consultant: Section 16. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. ATTACHMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO m John S. Gelff, Mayor CONSULTANT LM ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney Janet Matson Consulting ATTACHMENT 0 SUMMARY SHEET Firm Name: Janet Matson Consulting Firm Parent or Ownership: Janet Matson — Sole Owner Firm Address: 3710 Sunset Knolls Drive, Thousand Oaks, CA 91362 Firm Telephone No. (909) 833-6862 Firm Fax No. (805) 523-8627 Management person responsible for direct contact with the City of San Juan Capistrano and services required for this Request for Qualification (FRP): Name: Janet Matson Title: Owner Telephone Number: (909) 83306862 E -Mail: lanetmatson(a)earthlink.net Person responsible for day-to-day servicing of the account: Name: SAME AS ABOVE Title: Telephone Number: E -Mail: 11 Janet Matson Consulting Electronic Document Management Proposal City of San Juan Capistrano February 18, 2003 TABLE OF CONTENTS A. Firm Organization................................................................ I B. Phase One Detail.................................................................. 2 C. Phase Two Detail.................................................................. 3 D. Phase Three Detail............................................................... 4 E. Cost....................................................................................... 4 Janet Matson Consulting • • Electronic Document Management Plan A. FIRM ORGANIZATION Janet Matson Consulting is a local firm with headquarters in Thousand Oaks, California, serving clients in Riverside, Orange, and Los Angeles Counties. The Thousand Oaks office is the only location; there are no branch offices. Janet Matson is the sole owner of Janet Matson Consulting, which is a sole proprietorship. Janet Matson provides records management consulting services including: • Records assessment • Records management program development • Filing system evaluation • Staff training • Retention schedule development • Storage space and equipment evaluation • Evaluating and recommending technology solutions including microfilm and imaging systems • Development of records policies and procedures Janet Matson is a Certified Records Manager with 17 years' experience managing records for public agencies. Past records management consulting projects include records management program development and implementation for Tri -Cities Municipal Water District, Hemet Municipal Water District, Laguna Beach County Water District, Chino Basin Watermaster, and Rincon Del Diablo Municipal Water District. Recent projects include electronic document imaging consulting services for Riverside County Local Agency Formation Commission and Elsinore Valley Municipal Water District. Current projects include the development of an Administrative Code for Laguna Beach County Water District and the implementation of an inactive records management program for Central/West Basin Municipal Water District. Janet Matson is currently a member of the Association of Records Managers and Administrators (ARMA) and a member of Institute of Certified Records Managers (ICRM). Since Janet Matson is the sole owner of Janet Matson Consulting with no employees, there are no other persons authorized to make representations for the firm. Janet Matson would be the only person who would be working directly with City staff on this project. Janet Matson Consulting • 0 Electronic Document Management Plan B. Phase One Detail Statement of Work Development of a citywide Electronic Document Management Plan (EDMP). Procedures Step 1 — Gather data through interviews with City's Records Assistants, City Clerk staff members, and City IT staff, and physical inspection of departmental records. A streamlined approach is to go from department to department and evaluate what paper comes in, how it comes in, where it is stored, how frequently it needs to be retrieved and for how long must it be retained. It could take up to four hours in each of the City's six departments to adequately interview key personnel and inspect records resulting in the following: • Gather information on the current volume, type, retention requirements and reference activity of records for each department • Determine user requirements and identify problems and concerns • Gain consensus among departments regarding the objectives of an imaging system and identify specific organizational and user benefits • Establish organizational requirements relative to retention and legal considerations • Review existing systems including uses, processes, hardware and software, and integration capability with other systems Interviews with staff in each department will be conducted keeping in mind the importance of consensus among the departments. Ideally, users need to recognize how an imaging system will improve efficiencies and provide solutions to existing problems. The series of interviews and records inspections should be done within the first week and completed by March 14. Step 2 — Develop citywide EDMP based on information gathered in Step 1 that includes the following: • Overview of records, by department 0 Description of each department's needs, goals and security issues Janet Matson Consulting • • Electronic Document Management Plan • Identification of document types for imaging • Identification of indexing fields for each document type required for retrieval • Description of existing technology and systems integration capabilities • Review of existing imaged documents and analyze integration capabilities • Description of technology and systems requirements Completion date for the EDMP is expected to be March 21. C. Phase Two Detail Statement of Work Prepare Request for Proposals and Assist with Bidding for Electronic Document Management and Equipment. Procedures Data gathered in Step 1 will provide the basis for the Request for Proposals. Consultant will prepare a request for proposal and working with designated City staff will make any changes or revisions required. Consultant will assist in developing a bidder's list, be available to answer bidder inquiries during the process. Consultant will be present during the opening of the bids, and assist in evaluating bids based on the following criteria: • Software - functionality, indexing capabilities, flexibility, future viability, etc. • Ease of use - amount of training required, user manual • Hardware - memory requirements, operating system, networking ability, security, etc. • Maintenance support - on-site, toll-free dial in, turn around time, etc. • Costs - purchase price, start-up costs, training, maintenance, hidden costs • Vendor information - reputation, background, references A draft RFP will be prepared and presented to City staff for review by March 28. After review by City staff and any revisions, the RFP will be ready for issue by April 3. Janet Matson Consulting 0 • Electronic Document Management Plan D. Phase Three Detail Statement of Work Develop policies and procedures for citywide electronic document management and specifications for contractor services for electronic document management. Procedures Development of policies and procedures for citywide electronic document management plan to include: • Statement of the Purpose and Goals of the EDMP • Overview of the Plan • Assignment of specific tasks and responsibilities — staff • Assignment of specific tasks and responsibilities — contractor services • Lists of document types, index requirements, security requirements • Description of scanning and indexing process • Description of backfile conversion process and goals, if applicable Policies and Procedures for implementing the EDMP will be complete by June 13, 2003. Consultant will provide a training session with City staff upon completion of installation of equipment. Pilot Program It may be desirable to consider a pilot program within one department, which would take place immediately after installation. Training and implementation in one department for a period of time will help to identify strengths and weaknesses of the program and allow for adjustments and refinements to be made before training and implementation in the other five departments. E. Cost Total cost for Phase I, II and III - $12,200.00 a • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) Ivlvlv.sanjuancapistrano. org MIIINUTH DUWfHH 1 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER nwnwrc cnewwnwrn iru NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 4, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Electronic Document Management Services (Janet Matson)" — Item No. D10 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, March 3, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Meg Monahan, City Clerk. You may contact that staff member at (949) 443-6308 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-aQendas(oisanivancapistano.org. Me o ahan, CMC City ler cc: Janet Matson; Gladwell Governmental Services, Inc.; @ doc, LLC; Cynrede; Hyder & Associates; Meg Monahan, City Clerk * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) svwsv sonjuancapistrano. org March 6, 2003 0 dean �, RueruuR Islausm 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARSOROUGH On March 4, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of Personal Services Agreement for Electronic Document Management Services (Janet Matson)" Item No. D10 The following action was taken at the meeting: Personal Services Agreement with Janet Matson for electronic document management services, in the amount of $12,200, approved. If you have any questions regarding this action, please contact Meg Monahan, City Clerk at 443-6308 for more detailed information. Thank you, v l—� M Mo ahan, CMC Ci Cle Cc: Janet Matson; Gladwell Governmental Services, Inc.; @ doc, LLC; Cynrede; Hyder & Associates; Meg Monahan, City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future 0 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED PROOF OF PUBLICATION: 0041125000 THURSDAY, FEBRUARY 13, 2003 NOTICE INVITING PROPOSALS - ELECTRONIC DOCUMENT MANAGEMENT CONSULTING SERVICES Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: /s/Margaret R. Monahan DATE: February 4, 2003 Date proposals due Date(s) notice published Date affidavit received Date notice posted in designated posting places -02/21/03 -02/13/03 - 3 13 I o3 jlmj-- - 02/13/03 0 NOTICE INVITING PROPOSALS ELECTRONIC DOCUMENT MANAGEMENT CONSULTING SERVICES Public Notice is hereby given that the City Of San Juan Capistrano will, up to 4 PM on the Friday, February 21, 2003, receive sealed proposals for electronic document management consultant services in accordance with the Request for Proposals on file with the City Clerk of the City of San Juan Capistrano, California. Proposals will be received until the time stated, at the Office of the City Clerk, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, 92675. The City Clerk reserves the right to reject any and all bids received and to compare the relative merits of the prospective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. Copies of request for proposals may be obtained at no charge in the office of City Clerk, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, 92675 or by calling (949) 493-1171. Date: February 3, 2003 /s/ Margaret R. Monahan Margaret R. Monahan, CMC City Clerk Publish: February 13, 2003 ,AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 13, 2003 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 13, 2003 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION RECEIVED ZOO) MAR -3 P 2-- 28 CITY CLERK SAN JUAN CAPISTRANO Proof of Publication of copift Of w" for Vaf�a oQ_..rp ymaat,' qMy a � d w In.Zallpoa Mir F.em.y 8, aza caplMm WAW NW^ FetWUM 1� AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 13, 2003 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 13, 2003 Signa e Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 0 PROOF OF PUBLICATION Proof of Publication of nwrm WWrrM PROPOSMA °Os M t4agw M twWW utm INR en Cr4 Of Ssn bMt un.9w `rrMo v nwa w �o..ar. Capin Of ngwl for mry to mwn.a r M in M, oNa dM air a SM J" Deb: F.En.na, ww Cay'CIMkFL MQnMhM CMO PMMNa: C"noV Ml'NW^Fburyl8, 3